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To: only1percent
What needs to be investigated is the issue of how process is being served...

I can tell you from personal experience that in California process is NOT being served. (not sure I've got my terms right, but I assume you get the idea.)

A few years ago I was named on state child support forms as the father of a child by a woman whom I had briefly dated. I don't care to go into all the details, but I could not have been the father. This gal was sleeping around, and I was the guy who had a few bucks that she thought she could get her hands on.

The *first* thing I knew about it was when my employer and I separately received garnishment notices.

I immediately went down to the state office and tried to discuss this with someone. To find out what rights I had, etc.

The case worker came out into the lobby and essentially treated me like a criminal who might be there to shoot her. She wouldn't tell me anything. Nothing at all.

The bottom line as far as she was concerned was that my employer had to comply with the garnishment order. Period. End of story.

This ultimately reached an acceptable conclusion -- but it wasn't because of the way the state currently deals with the issue. They assume whatever male is named by the woman on the forms *is* in fact the father. They offer no notice of rights or ready avenue for appeal or anything like that. It is an automatic default judgement. All the woman needs to do is fill out the forms, and the system takes it from there.

My impression is that the real goal of this is to minimize the number of single mothers who are collecting welfare payments from the state. Fair enough -- but this is *way* too heavy handed. There is no thought whatsoever given to what the truth is. They don't care.

7 posted on 06/06/2003 12:50:05 PM PDT by The Other Harry
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To: The Other Harry
What avenue did you use to get this resolved? One idea I would have would be to sue the woman involved in Civil (not family) court for fraud in the exact amount owed, with added damages for pain and suffering.
8 posted on 06/06/2003 1:55:37 PM PDT by Jack Black
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To: The Other Harry
When the social services office just takes a woman at her word as to who is the father, that's not a default judgment, that's just a bureaucratic convenience, since 98% of the time it isn't going to be at issue.

That's not a "default judgment" per se. A default judgment only occurs when someone is named in a legal action and fails to appear.

Since the welfare office isn't a court of law, it doesn't serve papers before making decisions. At the same time, its decisions can be undone more simply, as well.

Court action to determine paternity is quite rare; indeed, it is often initiated by a man in just a circumstance, when the woman has already falsely named him on welfare papers.
9 posted on 06/06/2003 6:18:29 PM PDT by only1percent
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